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Delegated Report - Code - Planning MCU22 0197 [As Published] · MCU22/0197

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               Setbacks
               Rear Setback
               Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code requires a minimum
               rear setback of 6 metres. The proposal includes a rear setback of 4.2 metres to the outermost
               projection of unit 1 and 4.8 metres to the main wall line and as such does not comply with the AO.
               PO12
               Buildings and structures are designed and sited to:
                   a) provide a high level of amenity to users of the subject site and adjoining premises,
                      including provision of visual and acoustic privacy;
                   b) not unreasonably obstruct views or cause overlooking of private open space or habitable
                      areas of adjoining premises;
                   c) provide adequate distance from adjoining land uses;
                   d) preserve existing vegetation that will help buffer development;
                   e) allow for space and landscaping to be provided between buildings including adequate
                      area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
                   f) be consistent with the predominant character of the surrounding area; and
                   g) protect the natural character and avoid adverse impacts on ecologically important
                      areas such as national parks, waterways and wetlands.
               The proposed rear setback is considered to comply with PO12 as it will not unreasonably obstruct
               views or cause overlooking of private open space or habitable rooms of adjoining properties and
               will provide a high level of amenity to users of the subject site. The proposed setback is also
               considered to be consistent with the predominant character of the surrounding area, with similar
               rear setbacks in the area. The duplex currently being constructed on the adjoining property at 75
               Southern Cross Parade was approved with a rear setback of 4.8 metres and Council’s aerial
               mapping shows the duplex at 71 Southern Cross Parade has a rear setback of approximately 4.1
               metres.


               Garage Doors
               Acceptable Outcome AO15.2 of the Medium Density Residential Zone Code requires that ‘where
               multiple garages face the street, they are separated by a minimum of 2 metres or are staggered in
               setback by a minimum of 1 metre’.
               The proposed garage doors do not comply with AO15.2 as the garage doors are not staggered in
               setback and are only separated 1 metre.
               PO15
               Garages, garage doors and carports do not dominate the street or the building design.
               The proposal is considered to comply with PO15 as the garages are well setback from the front of
               the property (8.5 metres) and the design of the units are well articulated to provide visual interest
               to the street. The proposal also includes landscaping within the front setback to help buffer the
               development from the street.
               To further articulate and break up the design of the units and garage doors, it is considered
               appropriate to include plan amendments to require the incorporation of a mix of building materials
               to the front balustrade to further articulate and break up the front façade design.


               Cut & Fill
               Acceptable Outcome AO22.1 of the Medium Density Residential Zone Code requires a maximum
               cut and fill of 1.5 metres in depth. The proposal includes cut and fill exceeding 1.5 metres in the
               private open space areas of unit 1 and part of unit 2 to provide a more level building pad and
               therefore does not comply with the AO.



                                                                                                      Page 9 of 25

Document Set ID: 22435587
Version: 8, Version Date: 15/06/2023

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